(a) any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which,

(i) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council, or

(ii) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown, or

(b) any corporation the election of the board of directors of which is controlled by the Crown, directly or indirectly, through ownership of shares of the capital stock thereof by the Crown or by a board, commission, association, or other body to which clause (a) applies; (« organisme gouvernemental »)

"board" means the Manitoba Farm Industry Board established under subsection 3(1) of The Family Farm Protection Act; (« Commission »)

"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

(b) a permanent resident of Canada within the meaning of the Immigration and Refugee Protection Act (Canada); (« particulier admissible »)

"family farm corporation" means a corporation

(a) that is primarily engaged in the business of farming,

(b) that is under the control in fact of farmers or eligible individuals related to farmers, or a combination of both, and

(c) of which a majority of the issued and outstanding shares of each class of share are legally and beneficially owned by farmers or eligible individuals related to farmers; (« corporation agricole familiale »)

"farm land" means real property that is situated outside a city, town, village (including an unincorporated village) or hamlet and that is used or is reasonably capable of being used for farming, but excludes

(a) minerals, excepting sand and gravel, contained in real property,

(b) real property used for the purpose of extracting, processing, storing, or transporting of minerals, excepting sand and gravel, and

(c) real property used by a corporation supplying telecommunication, railway, pipeline or other services prescribed by the board or by regulation where and for so long as the real property is used for the purpose of supplying those services or purposes ancillary thereto; (« terres agricoles »)

"farmer" means an eligible individual

(a) who receives a significant portion of his income either directly or indirectly from his occupation of farming, and

(b) who spends a significant portion of his time actively engaged in farming; (« agriculteur »)

"farming" includes tillage of the soil, livestock production, raising poultry, dairying, fur farming, tree farming, horticulture, bee keeping, fish farming or any other activity undertaken to produce agricultural products; but does not include the purchase and resale of agricultural products, or the commercial processing of agricultural products; (« agriculture »)

"foreign purchase fee" means a fee which may be levied against the purchase of farm land by persons granted an exemption under subsection 3(3); (« droit imposé aux acheteurs étrangers »)

"indirect" includes the taking, acquiring, receiving or holding by any person through, or by, any other person or combination or succession of persons (whether by trusteeship, agency or otherwise), of any right, title, or interest of any kind, type or nature whatsoever, whether present or contingent; (« indirect »)

"interest in farm land" includes any right, title or interest in farm land recognized at law to be an interest in real property, whether legal, equitable or beneficial, and whether direct or indirect, and without limiting the generality of the foregoing includes, in respect of farm land, an option to purchase, an agreement to purchase, a right of refusal, a mortgage, an encumbrance, a debenture or any other form of security interest, an option to acquire any form of security interest, a lease, an agreement to lease, an option to lease, a power of attorney and any other right, title or interest that would, or that may, in the event of any particular contingency occurring, vest in the holder of such right, title or interest, legal, equitable or beneficial title, possession or control, present or future, of farm land; but does not include a builder's lien or a judgment of a court registered against land; (« droit réel agricole »)

"livestock" includes game production animals as defined in The Livestock Industry Diversification Act; (« bétail »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"option" includes an agreement to grant an option; (« option »)

"order" means a written order of the board, or an order of a judge of the Court of Queen's Bench, as the context requires; (« ordonnance »)

(a) a corporation, partnership, syndicate, joint venture, cooperative or association all the shares or interests of which are legally and beneficially owned by, or

(b) the trustee or trustees of a trust all the beneficiaries of which are,

eligible individuals, but does not include corporations which have any shares listed on a stock exchange; (« organisme canadien admissible »)

"qualified immigrant" means a natural person, wherever resident, who establishes to the satisfaction of the board that he or she is entitled to and intends to become an eligible individual within two years after acquiring an interest in farm land; (« immigrant admissible »)

"retired farmer" means a natural person wherever resident who has been a farmer for a period of at least 10 years and who has retired from farming in Canada. (« agriculteur à la retraite »)

Meaning of "control in fact"

1(2) For the purposes of this Act "control in fact" of a corporation includes the power or authority to exercise the powers of the corporation, or any material part thereof, either directly or indirectly in any manner whatsoever, or to direct the management or supervision of the business and affairs of the corporation, or any material part thereof, either directly or indirectly in any manner whatsoever, including, without restricting the generality thereof

(a) through the exercise of any right or power arising under or pursuant to the articles (or other incorporating instruments) or by-laws of the corporation or any debt obligation of the corporation or any evidence or certificate evidencing the same, or arising under or pursuant to any agreement;

(b) through the direct or indirect ownership of the securities (including, without limitation, the shares) of the corporation; or

(c) through the right to elect a majority of the directors of the corporation.

(a) where a corporation is controlled in fact by persons who are not farmers or eligible individuals related to farmers or any combination thereof, and is also controlled in fact by farmers or eligible individuals related to farmers or any combination thereof, that corporation shall be conclusively deemed to be controlled in fact by those persons who are not farmers or eligible individuals related to farmers or any combination thereof, and shall be conclusively deemed not to be controlled in fact by farmers or eligible individuals related to farmers or any combination thereof;

(b) a person who has a right under a contract, whether written or oral and whether express or implied, in equity or otherwise, either immediately or in the future and either absolutely or contingently, to, or to acquire, shares of a corporation, or to control the voting rights attaching to shares of a corporation, shall be conclusively deemed to have the same position in relation to the control of the corporation as if he owned the shares;

(c) the holding of any partial interest in farm land whether or not jointly or in common with another is conclusively deemed to be the holding of the whole of such interest in the farm land.

Meaning of "persons related to farmers"

1(4) For the purposes of this Act, a person is related to a farmer if he or she is

(d) a grandfather, grandmother, great-grandfather or great-grandmother of a farmer; or

(e) a grandchild or great-grandchild of a farmer or a spouse or common-law partner of such a grandchild or great-grandchild.

Registered common-law relationship

1(5) For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

3(1) An interest in farm land held by a person on September 26, 1984 may continue to be so held, if and to the extent that person was entitled to hold that interest at the time he took, acquired or received it.

Certain acquisitions permitted

3(2) Where, on September 26, 1984, a person, other than a person referred to in section 2, holds aggregate interests in farm land in excess of 40 acres, and as a result of any actual or proposed sale, lapse or other disposition or termination of any of his interests in whole or in part whenever taken, acquired or received, his aggregate interests in farm land are or would be less than they were on that date, such person from time to time may acquire another interest in farm land if it is of a nature similar thereto, and if the interest is a lease, if it is also of a duration similar thereto, provided the acquisition would result in such person having aggregate interests in farm land not in excess of those held by him on the coming into force of this Act, or not in excess of such greater amount as the board may by order allow.

Exemptions granted by the board

3(3) The board may on application or on its own initiative, subject to any regulations and to such terms and conditions as it may impose, by order, and pursuant to and in accordance with the exemption guidelines established by regulation, exempt a person, class of persons, farm land, class of farm land, interest in farm land or class of interest in farm land, from all or any part of this Act.

Debt obligations

3(4) Subject to subsection (5), an interest in farm land that is solely a bona fide debt obligation may be taken, acquired, received and held by any person.

Further rules regarding debt obligations

3(5) Where there are reasonable grounds for so doing, the board may determine that an interest in farm land purportedly solely a bona fide debt obligation is, in substance, whether having regard only to the instrument purportedly representing the interest, or having regard also to other instruments, interests or arrangements that should reasonably be regarded as being part thereof or collateral thereto, and having regard to the source of funds used for the acquisition of the interest, an interest in farm land other than solely a bona fide debt obligation, and, subject to subsection 16(1), the determination, which shall be in the form of an order, is conclusive for all purposes of this Act other than for the purposes of section 15.

Realization of security

3(6) A person may take, acquire, receive or hold an interest in farm land by the realization, quit claim, settlement or otherwise in connection with the enforcement of a mortgage or other encumbrance thereon, but if the taking, acquiring, receiving or holding results in the person holding interests in farm land other than in accordance with section 2 or 3, apart from this subsection, the person shall within three years from the taking, acquiring, receiving or holding of the interest, reduce his aggregate interests in farm land, whether held directly or indirectly, to not more than 40 acres.

Change in circumstances

3(7) Where an interest in farm land is held by any person, and as a result of a change in the circumstances of a person who was an eligible individual the continued holding of the interest would be other than in accordance with section 2 or 3, apart from this subsection, the person first mentioned shall, within three years of the change in circumstances, reduce his or her aggregate interests in farm land, whether directly or indirectly, to no more than 40 acres.

Ownership by retired farmer

3(8) A retired farmer or the spouse or common-law partner of a retired farmer may continue to hold all interests in farm land held by that person while that person was a farmer.

Retired farmer in family farm corporation

3(9) A corporation that was a family farm corporation may continue to hold all interests in farm land held by it notwithstanding that a person whose occupation as a farmer qualified the corporation as a family farm corporation has become a retired farmer, and notwithstanding that transfers of shares of the corporation may have occurred if the transfers, had the retired farmer remained a farmer, would not have caused the corporation to have lost its status as a family farm corporation, but not otherwise.

Other share ownership in family farm corporation

3(10) A corporation that was a family farm corporation may continue to hold all interests in farm land held by it notwithstanding that a person who was a shareholder of the family farm corporation has died, if the shares in the corporation that were owned by such person immediately before his death, pass by devise or on an intestacy, or by right of survivorship to a natural person, wherever resident, for as long as those shares remain owned by that natural person, but not otherwise.

Court orders

3(11) A person may take, acquire, receive or hold an interest in farm land as a consequence of and in conformity with a final order of a court, if the order has the force of law in Manitoba, but if the taking, acquiring, receiving or holding results in the person holding interests in farm land other than in accordance with section 2 or 3, apart from this subsection, the person shall, within three years from the taking, acquiring, receiving or holding of the interest, reduce his aggregate interests in farm land, whether held directly or indirectly, to not more than 40 acres.

Executors, etc.

3(12) A person acting in the capacity of an executor or administrator or a trustee in bankruptcy of the estate of another person may take, acquire, receive or hold an interest in farm land, for so long as is reasonably necessary to perform his duties as executor, administrator or trustee in bankruptcy.

3(14) A natural person, wherever resident, may take, acquire, receive or hold an interest in farm land if the interest is conveyed to the natural person by an eligible individual who has prior to the conveyance farmed the farm land for at least 10 years, or the spouse or common-law partner of an eligible individual who has farmed the farm land for at least 10 years, and if the natural person is the spouse or common-law partner, child, grandchild, brother, sister, nephew or niece of the person conveying the interest.

Joint interest of spouse or common-law partner

3(15) A spouse or common-law partner of a person entitled to hold an interest in farm land under section 4 may hold an interest in the entitled person's interest in farm land as a joint tenant or as a tenant in common.

Failure to become eligible individual

3(16) Where a qualified immigrant fails to become an eligible individual within two years after taking, acquiring or receiving an interest in farm land, the board may

(a) extend the period of time within which the qualified immigrant is required to become an eligible individual;

(b) grant the qualified immigrant an exemption in accordance with subsection 3(3); or

(c) require the qualified immigrant to reduce his or her holdings in accordance with section 5.

5(1) Where a person takes, acquires, receives or holds an interest in farm land contrary to any provision of this Act, the person shall within one year or, upon application, within a further period of time determined by the board reduce his aggregate interests in farm land, whether held directly or indirectly, to not more than 40 acres.

Special provision

5(2) Notwithstanding subsection (1), if a person is a family farm corporation, and as a result of a change in occupation of a farmer the person is no longer a family farm corporation, and if subsection 3(9) does not apply, the person shall within three years from the date of the change of occupation reduce its aggregate interests in farm land, whether held directly or indirectly, to not more than 40 acres.

8(1) For the purpose of this Act, the board must perform the duties and functions and may exercise the powers imposed upon or granted to it under this Act.

Application of Family Farm Protection Act

8(1.1) When performing a duty or function or exercising a power under this Act, the board has the same powers as it has in its role under The Family Farm Protection Act.

Further powers of the board

8(2) Without restricting the generality of subsections (1) and (1.1) the board may

(a) administer and enforce this Act and the regulations;

(b) carry out surveys, research programs and obtain statistics for the purposes of the board;

(c) conduct hearings or authorize any person, including any member of the board, to conduct investigations, and determine and prescribe the scope thereof where the board has reason to believe that a person has taken, acquired, received or holds an interest in farm land in contravention of this Act;

(d) require any person taking, acquiring, receiving or holding an interest in farm land, or proposing to do so, to submit to it at such time and from time to time as it may require, such information in such form as it may require;

(e) require any person taking, acquiring, receiving or holding an interest in farm land to submit to it, annually, such information in such form as it may require;

(f) upon application made to it, furnish to the applicant a ruling by way of order as to whether or not a proposed or existing interest in farm land would be or is taken, acquired, received or held contrary to this Act, and subject to subsection 16(1), the order is conclusive for all purposes of this Act other than for the purposes of section 15;

(g) extend the time stipulated in this Act for the divestiture of any particular interest in farm land;

(h) prescribe forms and the contents thereof to assist the board in the administration of this Act and the regulations.

9(1) Where there are reasonable grounds for so doing, and upon prior notice to all persons affected, and after having given any of such persons who so requests a reasonable opportunity to be heard, the board may, by order, determine that an interest in farm land has been or is taken, acquired, received or held in contravention of this Act.

Conclusiveness

9(2) Subject to subsection 16(1), any order of the board under subsection (1) is conclusive for all purposes of this Act other than for the purposes of section 15.

Review of orders

9(3) The board may review, rescind, change, alter or vary any decision or order made by it.

Service of notice or order

9(4) The notice or order referred to in subsection (1) shall be in writing and may be served personally or by registered or certified mail addressed to the person named therein.

Deemed date of service

9(5) A notice or order served by registered or certified mail under subsection (4) shall be deemed to be served two working days after the date of the receipt of the postmaster for the envelope containing the notice or order.

Substitutional service

9(6) Where the address of the person to be served with a notice or order under subsection (4) is unknown, or the board is for any reason unable to effect prompt service of the notice or order, the board may apply ex parte to a judge of the Court of Queen's Bench for an order for substitutional service of the notice or order in such manner as the court may direct.

Onus

10 For all purposes of this Act other than for the purposes of section 15, the onus of establishing that an interest in farm land will not be, or is not, taken, acquired, received or held contrary to this Act, lies on the person taking, acquiring, receiving or holding, or proposing to take, acquire, receive or hold, such interest in farm land.

Investigations

11(1) For the purposes of an investigation under clause 8(2)(c), the person conducting the investigation may

(a) demand the production of and inspect all or any of the books, documents, papers, correspondence, records or things of a person in respect of whom the investigation is being made, or of any person representing or acting on behalf of or as agent for such person, that are relevant to the subject matter of the investigation; and

(b) inquire into, investigate and examine negotiations, transactions, loans or borrowings made by, on behalf of or in relation to the person in respect of whom the investigation is being made, and property, assets or things owned, acquired or alienated in whole or in part by him, or by any person representing or acting on behalf of or as agent for him, that are relevant to the subject matter of the investigation.

Compulsory production of books, etc.

11(2) Any person who has the custody, possession or control of any books, documents, papers, correspondence, records or things demanded under subsection (1) shall produce them to, and permit them to be inspected by, the person conducting the investigation.

Obstruction, etc. prohibited

11(3) No person shall obstruct or impede any person conducting an investigation under this Act or withhold, conceal or destroy any books, documents, papers, correspondence, records or things relevant to the subject matter of the investigation.

Issuance of search warrant

11(4) Where a provincial judge is satisfied, by information on oath of a member of the board or of the person conducting an investigation under this section

(a) that the investigation has been authorized and that the person is authorized to conduct it; and

(b) that there are reasonable and probable grounds to believe that there are, in any building, dwelling house, receptacle or place, any books, documents, papers, correspondence, records or things relating to the person whose affairs are being investigated, and to the subject matter of the investigation;

the judge may, whether or not an inspection has been made or attempted under subsection (1), issue a warrant authorizing the person conducting the investigation to enter and search the building, dwelling house, receptacle or place described in the warrant, by force if necessary, for such books, documents, papers, correspondence, records or things, and to examine them.

Time of entry

11(5) Any entry and search conducted under the authority of a warrant issued pursuant to subsection (4) shall be made between the hours of 8:00 a.m. and 8:00 p.m., unless the judge otherwise orders.

Police to be present in search

11(6) A person conducting a search under the authority of a warrant issued pursuant to subsection (4) shall be accompanied by a member of a municipal police force or the Royal Canadian Mounted Police.

Removal of books etc., for making copies

11(7) A person conducting an investigation pursuant to this section may, upon giving or leaving a general receipt therefor, remove any books, documents, papers, correspondence, records or things mentioned in subsection (1) or (4) for the purpose of examining, or making copies or tests of, those books, documents, papers, correspondence, records or things.

Prompt return of books etc.

11(8) Any books, documents, papers, correspondence, records or things retained pursuant to subsection (7) shall be promptly returned to the person whose affairs are being investigated unless they are required for the purposes of evidence in a proceeding under this Act, in which case the board shall, upon request and without charge, furnish to that person copies of any books, documents, papers, correspondence, records or things so retained.

Admissibility of copy as evidence

11(9) A copy mentioned in subsection (8), certified to be a true copy by the person conducting the investigation, is admissible in evidence in any proceeding as prima facie proof of the original books, documents, papers, correspondence, records or things, and of their contents, without proof of the signature or office of the person purporting to have certified the copy.

Report of investigation to board

11(10) The person conducting an investigation under this section shall submit a written report of the result of his investigation to the board.

Confidentiality

12 Information obtained by or furnished to the board or any member, employee or agent of the board shall not be communicated by the board or member, employee or agent other than for the purposes of or in connection with this Act or as required by law.

Protection from liability

13(1) No action or proceeding may be brought against the board, a member or employee of the board or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or performance, or intended exercise or performance, of a power, function or duty under this Act or a regulation made under this Act.

Reports by one member

13(2) The board or the chair may authorize a member to report to the board upon any question or matter arising in connection with the business of the board; and that member, where so authorized, has all the powers of the board for the purpose of taking evidence or acquiring the necessary information for the purpose of any investigation and report by the board; and the board may adopt the report as that of the board, or otherwise deal with it in the absolute discretion of the board.

14 Where a person fails to comply with this Act or with any order of the board, the board may apply to a judge of the Court of Queen's Bench for an order requiring the person to comply with this Act or the order or both; and the judge may also make one or more of the following orders:

(a) an order for the sale or other disposition of the interest in farm land taken, acquired, received or held contrary to this Act or the order;

(b) an order for the extinguishment of the interest in farm land taken, acquired, received or held contrary to this Act or the order;

(c) an order for the distribution, in such manner and to such persons as he may think just, of the proceeds of any sale, disposition or extinguishment ordered by him;

(d) an order declaring void any instrument or document by which an interest in farm land is taken, acquired, received, or held contrary to this Act or the order;

(e) an order directing a district registrar to cancel a certificate of title and duplicate thereof and to issue a new certificate of title and duplicate thereof in the name of such person as may be entitled thereto;

(f) an order respecting costs;

(g) such other order as may be necessary to give effect to the provisions of this Act or as to him seems just.

(a) does or omits to do anything for the purpose of aiding or abetting another person; or

(b) advises another person;

to commit an offence under this Act, is guilty of an offence and is liable, on summary conviction, to the penalties set out under subsection (1).

Offence by an officer, etc. of corporation

15(3) Where a corporation is guilty of an offence under this Act, any officer, director or agent of the corporation who directed, authorized, participated in, or acquiesced in, the commission of the offence, is party to and is also guilty of the offence and is liable, on summary conviction, to the penalties set out under subsection (1).

Time for prosecutions

15(4) Notwithstanding the provisions of any other Act of the Legislature, a prosecution for an offence under this Act may be commenced at any time within two years after the date of the alleged offence and a prosecution for an offence under this Act which relates to or arises out of any misrepresentation or fraud on the part of the accused, may be commenced at any time before the expiration of two years after the date on which the misrepresentation or the fraud became known to the minister or the board.

Appeal

16(1) Any person affected by any order of the board, other than an order under subsection 3(3) which order is final and binding and from which no appeal may be taken, may appeal the order within 30 days of the date thereof, to a judge of the Court of Queen's Bench who, upon hearing the appeal, may make such order as to him seems just.

Service of notice

16(2) The appeal shall be by notice of motion and a copy thereof shall be served upon the board and upon such other persons as may be ordered by the judge, not less than 10 days before the day on which the motion is returnable.

Stay of operation of certain decisions

16(3) The taking of an appeal under subsection (1) does not stay the operation of the order appealed against; but a judge of the Court of Queen's Bench may, upon an appeal of the order, stay the operation thereof and may prescribe terms and conditions to which the stay may be subject.

Regulations

17 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under and in accordance with the authority granted by this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) defining any word or expression used in this Act but not defined herein;

(b) prescribing forms and the contents thereof for use under this Act;

(c) exempting persons, classes of persons, farm land, classes of farm land, interests in farm land and classes of interests in farm land from this Act or any of the provisions of this Act subject to such terms and conditions as the Lieutenant Governor in Council may specify;

(d) establishing exemption guidelines for the purposes of subsection 3(3);

(e) respecting fees that may be charged under this Act;

(f) providing for the manner of calculating a foreign purchase fee, which may be based on a percentage of the assessed value of the farm land;

(g) establishing limits on the number of shareholders that a corporation that is a qualified Canadian organization may have;

(h) respecting the information that persons who take, acquire, receive, or hold an interest in farm land, or who propose to take, acquire, receive or hold an interest in farm land, are required to furnish to the board.

(b) the former board, consisting of the members of the board in office on the day before this section came into force, is continued;

to the extent necessary to permit the former board to complete any matter in relation to which it has heard or considered evidence or submissions before the coming into force of this section.

Other matters before the former board

20(3) Except in the circumstances described in subsection (2), all matters before the former board when this section comes into force must be dealt with in accordance with this Act by the current board.

23 All orders made by the former board before the coming into force of this section, but not yet expired or spent, are continued in force and may be enforced or otherwise dealt with by the current board as though they had been made by it.